Virginia State Laws on Juvenile Emancipation
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A minor wishing for freedom of control from his parents must file a petition for emancipation with the court.
If the court grants the petition, the minor will have the rights and privileges awarded to adults. The court will no longer hold his parents or legal guardians responsible for his actions, nor will they remain financially responsible for the minor.
Until the court grants the minor the petition for emancipation, the parents or legal guardians remain liable for the minor. - A minor aged 16 or older who is a resident of Virginia, or the parents or legal guardian of the minor, can petition the Juvenile and Domestic Relations Court for juvenile emancipation.
The petitioner must file the petition in the court in the district in which the minor or his legal guardian resides.
The petition should include the name of the minor, the juvenile's gender, and if a parent or legal guardian files the petition, the relationship of that person to the minor.
The petition should comply with Virginia Code § 16.1-262: form and content of petition. - After a hearing, the court may declare the minor emancipated if the minor is in a valid marriage, regardless of dissolution of that marriage; if the minor is in the military and on active duty; or if the minor lives independently of his guardians with their consent and can provide their own financial support.
- An emanicapiated minor order grants the minor the rights of an adult.
The minor may consent to dental or health care, enter into a contact, create a will and sue or be sued.
In addition, the minor can earn money, and live free of parental control. The minor can declare a residence and buy and sell property.
The court may not find that the minor's guardians neglected, abandoned or abused the juvenile, and the minor is not subject to juvenile curfew laws.
The minor may enroll in any educational institution and may obtain a driver's license.
The parents are no longer liable for the minor or financially responsible.
The court may not appoint a guardium ad litem to support the minor. The minor may sign releases and marry. - The court will give the newly emancipated minor a copy of the order.
The minor then must go to the Department of Motor Vehicles to receive an identification card that contains a picture of the minor, a statement of the minor's emancipation and the effects of the order in compliance with the rules in § 16.1-334.
§ 16.1-331. Petition for emancipation.
§ 16.1-333. Findings necessary to order that minor is emancipated.
§ 16.1-334. Effects of order.
§ 16.1-334.1. Identification card issued to minor by DMV.
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